Related Research Articles
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
Crimes against humanity are widespread or systemic criminal acts which are committed by or on behalf of a de facto authority, usually by or on behalf of a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of wars, and they apply to widespread practices rather than acts which are committed by individuals. Although crimes against humanity apply to acts which are committed by or on behalf of authorities, they do not need to be part of an official policy, and they only need to be tolerated by authorities. The first prosecution for crimes against humanity took place during the Nuremberg trials. Initially considered for legal use, widely in international law, following the Holocaust, a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violations of human rights norms, as they are listed in the Declaration, are expressions of the political pathologies which are associated with crimes against humanity.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.
The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals at a cost of $1.3 billion.
The Nuremberg principles are a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002 as a permanent international criminal court to "bring to justice the perpetrators of the worst crimes known to humankind—war crimes, crimes against humanity, and genocide," when national courts are unable or unwilling to do so.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute of the International Criminal Court. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
The ISIL (Da'esh) and Al-Qaida Sanctions Committee is a committee of the United Nations Security Council tasked with implementing international sanctions against the Islamic State and al-Qaeda. It was established as the Al-Qaida and Taliban Sanctions Committee on 15 October 1999, pursuant to Security Council Resolution 1267, which designated al-Qaeda and the Taliban as terrorist organizations. Following the creation of a separate Taliban Sanctions Committee on 17 June 2011, it was renamed the Al-Qaida Sanctions Committee. The scope of the sanctions regime was expanded to include the Islamic State on 17 December 2015 pursuant to Resolution 2253.
The Extraordinary Chambers in the Courts of Cambodia, commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (សាលាក្ដីខ្មែរក្រហម), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. Although it was a national court, it was established as part of an agreement between the Royal Government of Cambodia and the United Nations, and its members included both local and foreign judges. It was considered a hybrid court, as the ECCC was created by the government in conjunction with the UN, but remained independent of them, with trials being held in Cambodia using Cambodian and international staff. The Cambodian court invited international participation in order to apply international standards.
A war crimes trial is the trial of persons charged with criminal violation of the laws and customs of war and related principles of international law committed during armed conflict.
Silvana Arbia was previously the Registrar of the International Criminal Court. After gaining experience as a judge and prosecutor in Italy, Arbia made her international début as a Senior Trial Attorney at the International Criminal Tribunal for Rwanda.
Fatou Bom Bensouda is a Gambian lawyer and former Prosecutor of the International Criminal Court (ICC), who has served as the Gambian High Commissioner to the United Kingdom since 3 August 2022.
An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.
The Crimes Against Humanity Initiative is a rule of law research and advocacy project of the Whitney R. Harris World Law Institute. Started in 2008 by Professor Leila Nadya Sadat, the Initiative has as its goals the study of the need for a comprehensive international convention on the prevention and punishment of crimes against humanity, the analysis of the necessary elements of such a convention, and the drafting of a proposed treaty. To date, the Initiative has held several experts' meetings and conferences, published a Proposed Convention on the Prevention and Punishment of Crimes Against Humanity, and resulted in the publication of an edited volume, Forging a Convention for Crimes Against Humanity, by Cambridge University Press. The draft treaty is now available in seven languages. The UN International Law Commission produced its own, similar, set of Draft Articles on the Prevention and Punishment of Crimes against Humanity, and a proposed treaty is now being debated by governments around the world.
Flavia Lattanzi is an Italian lawyer specialized in international law who is ad litem judge at the International Criminal Tribunal for the former Yugoslavia (ICTY) since 2007 and professor at the Roma Tre University. Between 2003 and 2007, she served as ad litem judge at the International Criminal Tribunal for Rwanda.
Jennifer Trahan is an American legal scholar and academic. She is a Clinical Professor at New York University's Center for Global Affairs and directs their Concentration in International Law and Human Rights.
References
- 1 2 "judge". www.icc-cpi.int. Archived from the original on 2018-03-10. Retrieved 2018-03-09.
- ↑ https://www.un.org/News/Press/docs//2010/sc9947.doc.htm UN Security Council press release
| International | |
|---|---|
| National | |
